Opinion
No. 21054
Decided May 16, 1928.
Supreme Court — Dismissals — Petition in error filed as of right — Original action not instituted in Court of Appeals — By filing and overruling motion to dismiss petition in error in that court.
ERROR to the Court of Appeals of Cuyahoga county.
Messrs. Buonpane, Marco Sherman, for plaintiff in error.
Messrs. Squire, Sanders Dempsey and Mr. William R. Pringle, for defendants in error.
It is ordered and adjudged that said petition in error be, and the same hereby is, dismissed for the reason said petition in error alleged that said cause originated in the Court of Appeals, but the court is of opinion that said cause originated in the court of common pleas; and no constitutional question being alleged and the motion to certify the record having been overruled, this court is without jurisdiction.
Petition in error dismissed.
MARSHALL, C.J., DAY, ALLEN, KINKADE, ROBINSON and JONES, JJ., concur.